Appeal of a first-instance court decision is usually done by filing a cassation appeal and subsequently submitting it. Often in such situations, the question arises of how to correctly write a cassation appeal so that the court makes the right decision (i.e., a decision in your favor).
So, after the court issues the operative part, you may appeal its decision within a 10-day period.
If the aforementioned deadline is missed, you can still submit the appeal for consideration. But to do so, you must write a motion to restore the missed deadline, stating a valid reason and supporting documents (medical certificates, extracts, etc.).
When preparing a cassation appeal, it is always advisable to review the court session record. If you disagree with the data in the record, you must indicate in your appeal the pages of the record containing information you believe to be incorrect or incomplete.
All cassation appeals have roughly the same structure for presenting information:
- specific conclusions or facts contained in the court decision;
- available evidence in the case that refutes the court's conclusions;
- reference to paragraphs of Articles 362-364 of the Code of Civil Procedure of the Russian Federation.
The cassation appeal may be aimed at the operative part requesting full reversal of the court decision or only partial modification. Written evidence may be attached to the document but only if the party was unable to present that evidence to the court of first instance.
It is also worth noting that the cassation appeal is filed with the court that issued the decision in the case. It is also necessary to note that the number of copies of the cassation appeal and its attachments must equal the number of parties involved in the proceedings. The exception is the receipt for payment of the state fee, which is submitted in a single copy.
The amount of the state fee does not depend on the nature of the dispute and equals 50% of the fee for filing a lawsuit of a non-property nature.
And most importantly, it is necessary to remember that competent, correct, and clear preparation of a cassation appeal is a step towards resolving disputes in your favor. After all, in any conflict, the main thing is to present your arguments and evidence correctly, clearly, and in a structured manner, demonstrating the correctness of your point of view.
We wish you successful resolution of all disputes and conflicts, and may your affairs, even if they arise, always be resolved favorably for you.
Law Office of Victoria DERZHAVINA.